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Pennsylvania Legislator's Municipal Deskbook

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Pennsylvania Legislator's Municipal Deskbook PENNSYLVANIA LEGISLATOR’S MUNICIPAL Fifth Edition DESKBOOK 2017 Pennsylvania Local Government Commission General Assembly of the Commonwealth of Pennsylvania Harrisburg, PA PENNSYLVANIA LEGISLATOR’S MUNICIPAL DESKBOOK Pennsylvania Local Government Commission Fifth Edition 2017 General Assembly Commonwealth of Pennsylvania Harrisburg, PA Printed at Government Expense - Not to be Sold or Resold for Profit Acknowledgement This booklet, the Pennsylvania Legislator’s Municipal Deskbook, is the fifth edition of a publication that will periodically be updated, expanded, and revised by the Local Government Commission. It was prepared by the staff of the Commission using a variety of sources. The Local Government Commission, a legislative service agency, providing the Members of the Pennsylvania General Assembly with research and analysis on matters affecting local government, was created by Act 102 of 1935, referred to as the Local Government Commission Law.1 Members 2017 - 2018 Senate House Senator John H. Eichelberger, Jr. Chair Representative Kate Harper Senator Thomas J. McGarrigle Representative Warren Kampf Senator Scott E. Hutchinson Representative R. Lee James Senator John P. Blake Representative Robert L. Freeman Senator Judith L. Schwank Representative Mary Jo Daley Staff Philip H. Klotz, AICP, Executive Director David A. Greene, Esq., Assistant Director / Legal Counsel Wanda S. Dehan, Esq., Associate Legal Counsel Kristopher J. Gazsi, Esq., Associate Legal Counsel Danette H. Magee, Research Associate Karen S. Bear, Secretary Sonya I. Ebersole, Bookkeeper-Codes Coordinator 1 1 46 P.S. § 431.1 et seq. i | Pennsylvania General Assembly ∙ Local Government Commission Table of Contents Acknowledgement ................................................................................................................................................ i Table of Contents ............................................................................................................................................... iii Abbreviations, Acronyms, Signals, Symbols and Legal Terms ..................................................................... v Introduction Overview ............................................................................................................................................................... 1 Note on “Solving” Constituent Inquiries ........................................................................................................ 3 What is the Local Government Commission? ................................................................................................ 5 Basics Local Government Entities in Pennsylvania ................................................................................................... 7 Dillon’s Rule – State Primacy Over Local Governments .............................................................................. 9 Home Rule – An Incursion on State Supremacy .......................................................................................... 11 Preemption of Municipal Regulation by the Commonwealth .................................................................... 13 Municipalities – How They Change: Boundaries, Classification or Forms of Government .................. 15 Intergovernmental Cooperation ...................................................................................................................... 19 Municipal Authorities ....................................................................................................................................... 23 Municipal Statistics ............................................................................................................................................ 27 Citizens' Rights Pennsylvania Right-to-Know Law .................................................................................................................. 29 The Pennsylvania Sunshine Act ...................................................................................................................... 33 Procedural Due Process ................................................................................................................................... 37 Substantive Due Process .................................................................................................................................. 39 Equal Protection ................................................................................................................................................ 41 Governance Quorum: Official Action - Abstention ........................................................................................................... 43 Can a Municipal Governing Body Enter into a Contract That Will Bind Future Governing Bodies? . 47 Municipal Procurement .................................................................................................................................... 49 Selected Municipal Employment Issues ......................................................................................................... 53 Authority Over Borough Police: Mayor vs. Council .................................................................................... 57 Ethics and Conflicts of Interest ...................................................................................................................... 59 State Ethics Commission .................................................................................................................................. 61 Surcharge: Accountability of Officials for Misuse of Public Funds ........................................................... 63 iii | Pennsylvania General Assembly ∙ Local Government Commission PENNSYLVANIA LEGISLATOR’S MUNICIPAL DESKBOOK | 5th Ed. (2017) Removal from Office ........................................................................................................................................ 65 Governmental Immunity & Municipal Liability ........................................................................................... 67 Discretionary vs. Ministerial Acts and the Action of Mandamus ............................................................... 69 Selected Examples of Actions Against Municipalities ................................................................................. 71 Public Health, Welfare and Safety What is the “Police Power”? ............................................................................................................................ 75 Public Nuisances ................................................................................................................................................ 77 Some Examples of Municipal Code Sections Authorizing the Regulation or Abatement of Nuisances81 Juvenile Curfews ................................................................................................................................................ 85 Regulation of Animals ...................................................................................................................................... 91 Land Use Public Use of Municipal Recreational Land .................................................................................................. 93 Pennsylvania Statutory and Regulatory Measures to Protect Agricultural Land and Open Space ........ 95 Exclusionary Zoning and the Fair Share Doctrine ..................................................................................... 101 Road Law Basics .............................................................................................................................................. 103 Municipal Eminent Domain .......................................................................................................................... 107 Municipal Regulation of Adult-Oriented Businesses ................................................................................. 109 Private Property Issues Limbs from my Neighbor’s Tree Overhang my Property… What Can I Do? ...................................... 115 Landlocked Property ....................................................................................................................................... 117 Title by Adverse Possession & Easement by Prescription ................................................................................ 121 Taxation and Finance Real Estate Assessment Process in Pennsylvania… An Overview .......................................................... 123 Homestead Exclusion ..................................................................................................................................... 127 Clean and Green .............................................................................................................................................. 129 Pennsylvania Charitable Exemptions ........................................................................................................... 133 Taxpayer Relief Act ......................................................................................................................................... 137 Local Services Tax ........................................................................................................................................... 141 Eliminating Occupation Taxes ...................................................................................................................... 143 Earned Income Taxes ....................................................................................................................................
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